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Can I fire a driver who had a positive drug
test?
The Federal Motor Carrier Safety Regulations do not require you to fire the driver. Neither do they prohibit you from doing so. But, it must be stated as a part of your company policy and have been signed by the driver when they were hired.
What is the percentage to be tested for drug
and alcohol random testing?
50% for drugs and 10% for alcohol.
We were audited. The auditor didn't like that
we picked drivers for Random Drug Testing by cards, dice, or
names in a hat. How can we choose drivers?
It has to be of a "scientific" method. Which loosely translates to being done by computer. Best bet is to join a consortium (382.305(i))
For vehicles operating in Interstate Commerce,
at what gross weight does compliance to drug & alcohol rules
begin?
26,001 pounds gross vehicle weight rated and any size vehicle carrying hazardous materials required to be placarded.
When does a Drug or Alcohol Test Consent Form
need to be signed?
Before performing each drug or alcohol test administered under the FMCSR.
Our driver tested positive for drugs. We
terminated this driver. Do we need to contact anyone for future
employment of this driver?
No, the FMCSR only allows you to release this information upon receiving written consent from this driver. The consent form will usually come to you from the next motor carrier when they conduct the FMCSR-required hiring background evaluation. The regulations have specific questions that must be asked in a confidential manner.
Can a driver who tests positive for drugs and
alcohol, drive a vehicle under 26,000 pounds?
No. §382.501(c) prohibits a driver with a positive result to do any safety-sensitive work including driving a vehicle with a gross vehicle weight rating of 10,001 or more, with 16 or more passengers including the driver, or any size vehicle that carries hazardous materials that require placarding. The driver must be removed from all safety-sensitive functions. He must undergo a return-to-duty test and have a result of negative for drugs before he can drive any size commercial vehicle. He may also be subject to follow up testing if it is determined by the Substance Abuse Professional that he needs to be placed in a rehabilitation program.
Can a driver be sent for a reasonable suspicion
alcohol test if he was not witnessed by a properly trained
supervisor?
No, a company supervisor must have the proper training for reasonable suspicion in order to send a driver for testing when he has witnessed suspicious behavior.
Does it make a difference if a driver has a
trace or a percentage of drugs in his system when a post-accident
test result is positive?
If the driver tests positive, then he must have met or exceeded the cut-off levels as prescribed by 49 CFR part 40. It doesn’t make a difference how much above the cut-off level the result is, the consequences are the same - removal from safety-sensitive functions.
Can a company use DOT regulations to drug and
alcohol test employees who do not hold a CDL license or operate a
vehicle over 26,001 pounds gross vehicle weight rate?
No. A company can not use the DOT regulations as a reason to drug and alcohol test employees who do not meet the requirements. This testing would have to be covered under your company policy.
Our driver was stopped for D.U.I. in his
personally-owned vehicle. Do we need to do U.S. DOT follow-up
drug and/or alcohol testing?
The drug and alcohol testing regulations apply when a driver is operating a commercial motor vehicle. If the driver was in his personal vehicle, he does not have to submit to U.S. DOT required follow-up drug or alcohol tests. The drug and alcohol testing rules apply only when a driver is operating a commercial vehicle or performing work for a motor carrier.
Our driver was in an accident. He did not
receive a citation, there were no fatalities nor disabling
damage; however, someone was injured.
Does our driver have to submit to a U.S. DOT
post-accident drug or alcohol test?
No. Post-accident drug testing and alcohol testing are only required when there is a loss of life or the driver receives a citation for a moving violation arising from the accident.
Other FAQs: General | CDL | Driver Qualifications | Drug and Alcohol Testing | Logs (hours of service) | Vehicle Inspections | Accidents
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This page was last update: 06/27/2008
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